PALUGULA SIVASANKARAIAH v. THE STATE OF ANDHRA PRADESH
WP/31516/2025 · 2025-11-13
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42075 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42075 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010604612025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31516/2025 Between:
1. PALUGULA SIVASANKARAIAH, AGED 51 YEARS,
S/O.
CHANDRASEKHARIAH, H.NO.L-II, R/O.PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI.
2. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT.
3. THE STATION HOUSE OFFICER, NANDYAL TALUKA PS, NANDYAL MANDAL, NANDYAL DISTRICT.
4. KAMBAGONI MANOHAR GOUD, AGED ABOUT 43 YEARS, S/O.
CHINNA VENKATESWARLU, R/O. PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
5. KAMBAGONI MOHAN GOUD, AGED ABOUT 53 YEARS, S/O.
MADDILETY, R/O. PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
6. JAGATI GOWARI, W/O. LATE JAGATI DURGA PRASAD, R/O.
PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
7. JAGATI LAXMI VENKATA SUBBAIAH, AGED ABOUT 66 YEARS, S/O.
JAGARI SUBBANNA, R/O. PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
8. JAGATI SHEKAR GOUD, AGED ABOUT 44 YEARS, S/O.
NAGACHANDMDU, R/O. PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
9. JAGATI JANARDHAN GOUD, AGED ABOUT 48 YEARS, S/O.
NAGABHUSHANAM, R/O. PONNAPURAM, NANDYAL MANDAL, KUMOOL DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... to issue a Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the inaction of the 2nd and 3 Respondents in failing to provide police protection to the Petitioner to safeguard his peaceful possession and enjoyment of the land in Sy. No. 1135 to an extent of Ac. 0.27 cents, Ponnapuram, Nandyal Mandal, Kumool District, and his lawful use of the rasta (pathway) pursuant to his representation dated 27.10.2025, as illegal, arbitrary and violative of Articles 14 and 300-A ofthe Constitution of India, and consequently direct the 2nd and 3rd Respondents to immediately provide adequate and effective police protection to the Petitioner and his family in respect ofthe land in Sy. No. 1135 to an extent of Ac. 0.27 cents, Ponnapuram, Nandyal Mandal, Kumool District, and his lawful use of the rasta (pathway), and to prevent Respondents Nos. 4 to 9 from interfering therewith, and pass.”
2. Heard Sri. Thathireddy Ashok Srivastava, learned counsel for the petitioner and Sri Md.Farooq Learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that petitioner herein filed a civil suit in O.S.No.96 of 2018 and filed I.A.No.500 of 2018 seeking permanent injunction. After hearing both sides, an order was passed on merits in favour of the petitioner granting temporary injunction. However, aggrieved by the same the defendants therein carried the matter before District Court in CMA No.2 of 2019 and the same was dismissed confirming the orders passed I.A.No.500 of 2018 in O.S.No.96 of 2018 on the file of Principal Junior Civil
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Judge, Nandyal. A crime was also registered against the respondents and police have also filed charge sheet which is pending vide CC No.1533 of
2018. He further submits that the civil suit is pending before Civil Court. Finally he submits that there is no response from the police despite the representations made.
4. Learned Assistant Government Pleader for Home submits that the matter is civil in nature and the counter case was also lodged against the petitioner regarding the very same issue.
5. Recording the said submissions, in the light of the injunction order passed in favour of the petitioner on merits in I.A.No.500 of 2018 in O.S.No.96 of 2018 on the file of Principal Junior Civil Judge, Nandyal, the Writ Petition is disposed of directing the police to look into the grievance of the petitioner and take proper measures according to the governing rules and law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:14.11.2025 RSD
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37 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.31516 of 2025
Date:14.11.2025 RSD